§ 1612. Seizure; summary sale
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/usc/title-19/section-1612A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Whenever it appears to the Customs Service that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to section 1607 of this title, and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, the Customs Service shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 1607 of this title, the Customs Service shall forthwith transmit its report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the Customs Service or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim.
(b)If the Customs Service determines that the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, the Customs Service may promptly order the destruction or other appropriate disposition of such property under regulations prescribed by the Secretary. No customs officer shall be liable for the destruction or other disposition of property made pursuant to this section.
(June 17, 1930, ch. 497, title IV, § 612, 46 Stat. 755; June 25, 1948, ch. 646, § 1, 62 Stat. 869; Sept. 1, 1954, ch. 1213, title V, § 506, 68 Stat. 1141; Pub. L. 91–271, title III, § 301(ff), June 2, 1970, 84 Stat. 291; Pub. L. 95–410, title I, § 111(c), Oct. 3, 1978, 92 Stat. 898; Pub. L. 98–473, title II, § 315, Oct. 12, 1984, 98 Stat. 2054; Pub. L. 98–573, title II, § 213(a)(9), Oct. 30, 1984, 98 Stat. 2985; Pub. L. 100–690, title VII, § 7367(c)(4), Nov. 18, 1988, 102 Stat. 4480; Pub. L. 103–182, title VI, § 667, Dec. 8, 1993, 107 Stat. 2215.)
Connections20 cite this · traces to 8
Cited by 20 sections · top 19
U.S. Code
statutes-at-large
- Public Law 98–472
- Public Law 91–270
- Public Law 102–393Making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies, for the fiscal year ending September 30, 1993, and for other purposes
- Public Law 101–627To authorize appropriations to carry out the Magnuson Fishery Conservation and Management Act through fiscal year 1993, and for other purposes
- Public Law 95–410To provide customs procedural reform, and for other purposes
- Public Law 98–573To amend the trade laws, authorize the negotiation of trade agreements, extend trade preferences, change the tariff treatment with respect to certain articles and for other purposes
- Public Law 100–690To prevent the manufacturing, distribution, and use of illegal drugs, and for other purposes
- Public Law 104–297To amend the Magnuson Fishery Conservation and Management Act to authorize appropriations, to provide for sustainable fisheries, and for other purposes
register
statute-compilations
Traces to 8 documents
U.S. Code
- Seizure; value $500,000 or less, prohibited merchandise, transporting conveyances§ 1607
- Seizure; appraisement§ 1606
- United States attorneys§ 541
- Marking of imported articles and containers§ 1304
- Appraisement, classification, and liquidation procedure§ 1500
- Reorganization plan§ 542
- Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commissioner, and operational offices§ 211
public-private-law
32 references not yet in our index
- June 17, 1930, ch. 497
- 46 Stat. 755
- June 25, 1948, ch. 646, § 1
- 62 Stat. 869
- Sept. 1, 1954, ch. 1213
- 68 Stat. 1141
- Pub. L. 91–271, title III, § 301(ff)
- 84 Stat. 291
- Pub. L. 95–410, title I, § 111(c)
- 92 Stat. 898
- Pub. L. 98–473, title II, § 315
- 98 Stat. 2054
- Pub. L. 98–573, title II, § 213(a)(9)
- 98 Stat. 2985
- Pub. L. 100–690, title VII, § 7367(c)(4)
- 102 Stat. 4480
- Pub. L. 103–182, title VI, § 667
- 107 Stat. 2215
- act Sept. 21, 1922, ch. 356, title IV, § 612
- 42 Stat. 986
- act Sept. 21, 1922, ch. 356, title IV, § 642
- 42 Stat. 989
- Pub. L. 103–182, § 667(1)
- Pub. L. 103–182, § 667(2)
- Pub. L. 100–690
- Pub. L. 98–573
- Pub. L. 98–473
- Pub. L. 95–410
- Pub. L. 91–271
- section 214(e) of Pub. L. 98–573
- section 203 of Pub. L. 91–271
- Pub. L. 107–296
Citation graph
cites case law
§ 1612
Seizure; summary sale
Stat.×8
Fed. Reg.×5
U.S.C.×4
Stat. Comp.×2
C.F.R.×1
ActJune 17, 1930, ch. 497
Stat.46 Stat. 755
ActJune 25, 1948, ch. 646, § 1
Stat.62 Stat. 869
Cites 40 · showing 12Cited by 20 across 5 sources